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CUSTOMS (CONTROL AND MANAGEMENT) ACT
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37.   Clearance

Revised Laws of Saint Lucia (2021)

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37.   Clearance

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    (1)   Save as the Comptroller may otherwise permit—

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      (a)     the master of any vessel intending to depart from any port or other place in Saint Lucia; and

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      (b)     the commander of any aircraft intending to depart from any airport or other place in Saint Lucia,

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    to a destination outside Saint Lucia, shall obtain clearance from the proper officer.

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    (2)   Any person applying for clearance under subsection (1) shall—

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      (a)     deliver to the proper officer an account of all cargo and stores taken on or remaining on board the vessel or aircraft in Saint Lucia;

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      (b)     produce all such books and documents in his or her custody or control relating to the vessel or aircraft, its cargo, stores, baggage, crew, passengers, voyage or flight as the proper officer may require; and

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      (c)     answer all such questions relating to the vessel or aircraft, its cargo, stores, baggage, crew, passengers, voyage or flight, as may be put to him or her by the proper officer.

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    (3)   Where clearance is sought under subsection (1) for any vessel or aircraft which is in ballast, or has on board no goods other than stores, passenger's accompanied baggage or empty containers upon which no freight or profit is earned, the proper officer granting clearance of that vessel or aircraft shall, on the application of the master or commander, clear that vessel or aircraft as in ballast.

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    (4)   Where it appears to any officer that a vessel or aircraft intends or is likely to depart for a destination outside Saint Lucia without clearance, he or she may give such instructions and take such steps by way of the detention of that vessel or aircraft as appear to him or her necessary to prevent that departure.

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    (5)   If any vessel or aircraft required to be cleared under this section departs from any port, airport or other place in Saint Lucia for a destination outside Saint Lucia without a valid clearance, or after clearance calls at any port, airport or other place in Saint Lucia without the permission of the proper officer, the master or commander, except where the departure or call was caused by accident, stress of weather or other unavoidable cause, commits an offence and is liable to a fine of $5,000.

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    (6)   If, 24 hours after the granting of a clearance under subsection (1), the vessel cleared has not left the limits of any port of Saint Lucia, or the aircraft cleared has not taken off for a destination outside Saint Lucia, that clearance becomes void.

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    (7)   If, where any aircraft is required to obtain clearance from any customs airport under this section, any goods are loaded, or are waterborne for loading, into that aircraft at that airport before application for clearance has been made, the goods are liable to forfeiture and where the loading or making waterborne is done with fraudulent intent, any person concerned therein with knowledge of that intent commits an offence and is liable to a fine of $5,000 or to 3 times the value of the goods whichever is the greater or to imprisonment for 2 years or to both and may be arrested.

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